MEMORANDUM OF UNDERSTANDING BETWEEN

THE DIRECTOR, NAVAL CRIMINAL INVESTIGATIVE SERVICE AND

THE COMMANDANT OF THE MARINE CORPS

Subj: MEMORANDUM OF UNDERSTANDING PERTAINING TO THE ASSIGNMENT OF USMC CRIMINAL INVESTIGATORS TO THE NAVAL CRIMINAL INVESTIGATIVE SERVICE FOR DUTY

Ref: (a) SECNAVINST 5520.3B , Criminal and Securi ty Investigations and Related Activities Within the Department of the Navy , 4 Jan 93

(b) Unclassified MOU between the Director , Naval Criminal Investigative Service and the Commandant of the Marine Corps of 18 May 99

(c) SECNAVINST 5212 . 50, Navy and Marine Corps Records Disposition Manual, 22 Apr 98

(d) DODINST 5505 . 11, Fingerprint Card and Final Disposition Report Submission Requirements, 1 Dec 98

(e) SECNAVINST 5580 . 1, Navy and Marine Corps Submission Procedures for Suspect Fingerprint Cards and Final Disposition Reports, 13 Sep 00

(f) MCO Pl610.7E, Performance Evaluation System, 03 Dec 98 (g) MCO P1200.7V, MOS Manual, 7 Apr 00 (h) MCO 1220.5J, Enlisted Lateral Move Program, 5 Apr 93 (i) NCIS 1 , Manual for Administration Feb 2002

1 . Parties. This Memorandum of Understanding (MOU) is made between t h e U. S . Marine Corps (USMC) and the Naval Criminal Investigative Service (NCIS ), hereinafter referred to as the Parties.

2. Purpose. The purpose of t hi s MOU is to establish policy between the USMC and NCIS for the investigation of criminal offenses and other matters as set forth in reference (a) . Further , this MOU provides guidance for the employment and utilization of Marine criminal investigators assigned to NCIS for duty as Special Agents. This MOU applies only to the subject and has no effect on t he existing classified MOU between the USMC and NCIS regarding counterintelligen ce matters .

3. Cancellation. This MOU cancels the provisions of the previous agreement between the Parties set forth in reference (b) .

4. Background. Reference (a) establishes policy for the

conduct of criminal investigations within the Department of the

Navy. It assigns NCIS primary responsibility and jurisdiction

within the Department of the Navy for investigation of actual,

suspected, or alleged major criminal offenses , including

attempts or conspiracy to commit such offenses , committed

against a person, the United States Government or its property,

and certain classes of private property. NCIS possesses a

worldwide investigative capability responsive to command

requirements of the Navy and Marine Corps , ashore and afloat.

a. The USMC maintains trained and accredited criminal

investigators assigned to USMC commands worldwide . USMC

criminal investigators are responsible for the investigation of

criminal offenses not normally investigated by NCIS during

peacetime and are responsible for the investigation of all major

crimes involving the Marine Corps in a combat or combat

contingency environment.

b. Since 1976, the Commandant of the Marine Corps has

provided a cadre of USMC criminal investigators for duty as

Special Agents with NCIS. This action ensures Marine Corps

Criminal Investigators maintain proficiency in major (felony)

criminal investigations thereby enabling the USMC to sustain the

organic capability to effectively perform this vital mission

during combat operations. The Marine Corps and NCIS have agreed

to the number of Marine Corps personnel assigned to Special

Agent duties at designated NCIS activities worldwide.

5. Criminal Offense Reporting. Criminal offense reporting will

be in accordance with the provisions of reference (c) through

(e)

6. Administration. Appendix A contains administrative

guidelines for the screening, selection, and assignment of

Marine investigative personnel to NCIS activities. Further

guidance is contained within reference (f) through (i).

7. Training. Appendix B sets forth responsibilities of both

Parties for the training of Marine Corps investigative personnel

assigned to duty with NCIS.

8. Policy. Appendix C establishes policy for the utilization

of Marine Corps investigative personnel assigned to duty with

NCIS to include number of personnel and geographic location of

assignments.

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9. Interpretation. In any instance where confusion may arise

with regard to the provisions of this MOU and its applicat ion,

every attempt will be made to resolve the matter at the lowest

possible level. Should the local installation commander,

Provost Marshal, and NCIS Special Agent in Charge/Supervisory

Special Agent be unable to mutually resolve the matter locally,

it should be referred to the next higher level within each

party's chain-of-command for resolution, or assistance may be

sought from either the NCIS representative assigned to

Headquarters Marine Corps (PS) or the Military Assistant to the

Director at NCIS Headquarters (Code 00M).

10. Review and Modification . This MOU between the Parties will

be reviewed on an annual basis until such time as it may be

incorporated into a future revision of reference (a).

Modifications may be made at any time after 30 days following

receipt of written notice by either of the Parties to this

agreement. Any modification or subsequent negotiations of the

provisions contained herein will be initiated by either NCIS

(Code 00M) or CMC (PS) and must be mutually agreed upon by both

Parties in order to be viewed as binding. The Director, NCIS

and the Commandant of the Marine Corps will designate personnel

responsible for reviewing, updating, and interpreting this MOU

as required .

11 . Applicability . The policies set forth in this MOU are

applicable to all NCIS activities worldwide and to all USMC

commands possessing Marine Corps Criminal Investigative assets,

less components of the Navy and Marine Corps Reserve

establishments.

Date: 1 AUG 03

DAVID L. BRANT Director , NCIS

E. R. BEDARD Lieutenant General, U.S. Marine Corps Deputy Commandant, Plans, Policy, and Operations Department

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APPENDIX A (ADMINISTRATIVE GUI DELINES )

TO THE MEMORANDUM OF UNDERSTANDI NG BETWEEN NCIS AND THE MARINE CORPS

1. SCREENING , SELECTION , AND ASSIGNMENT OF USMC CRIMI NAL INVESTIGATORS FOR DUTY AS NCIS SPECIAL AGENTS

a. Screening Process. Candidates for entry and subsequent

assignment to duty as NCIS Special Agents (SA) will be recruited

from among personnel assigned to investigative duties within the

Criminal Investigation Division (CID) of the USMC Provost

Marshal's Office (PMO) or from personnel who are uniquely qualified for investigative duties based upon prior education

and/or experience. In either case, all candidates must have demonstrated successful performance of duty in an investigative

billet prior to assignment. Marine Corps personnel considered

for accession into the criminal investigative occupational

specialty and subsequent assignment to duty as a Special Agent

must meet the minimum requirements established for primary MOS

5821 as set forth in the current edition of references (g) and

(i) prior to assignment with NCIS. In addition, prior to assignment , all nominees must:

(1) Satisfactorily complete the screening process set forth in Enclosure (1) Appendix A.

(2) Re determined eligible and recommended by the

Provost Marshal/Commanding Officer as set forth in Enclosure (1) to this Appendix.

(3) Appear before and be found acceptable for duty as a

Criminal Investigator by a locally convened Screening Board as

set forth in this Appendix.

(4) Apply for and be accepted for a lateral move into the criminal investigative occupational field.

(5) Successfully complete an NCIS (2M) background

investigation .

(6) Successfully complete the prescribed training

leading to awarding of MOS 5821 as set forth in Appendix B

herein. (7) Successfully complete a 12-month probationary period

of observation as an apprentice investigator with CID.

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